MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Corrections

By: Senator(s) Gollott

AN ACT TO PROVIDE A WORK RELEASE PROGRAM FOR INMATES; TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO ESTABLISH RULES FOR THE PROGRAM; TO PROVIDE FOR COMPENSATION OF INMATES; TO PROVIDE THAT SUCH WORK SHALL NOT DISPLACE WORKERS TO PROVIDE FOR LOCAL WORK PROGRAMS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. For the purposes of this act, the following terms shall have the meanings respectively ascribed to them by this section:

(a) "Commissioner" means the Commissioner of the Department of Corrections.

(b) "Department" means the Department of Corrections.

SECTION 2. (1) The department is authorized to adopt regulations and policies permitting the commissioner to extend the limits of the place of confinement of an inmate, as to whom there is reasonable cause to believe he will know his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate of the institution or facility in which he shall be confined except during the hours of his employment or seeking of employment and traveling thereto and therefrom. Inmates shall participate in paid employment at the discretion of the commissioner.

(2) The department may adopt regulations as to the eligibility of those inmates who are classified as minimum security risks for the extension of confinement or the entering into agreement between the department and any city, county or federal agency for the housing of these inmates in a local place of confinement. The department shall, as the need becomes evident, designate and adapt facilities in the state prison system to accomplish the purpose of this act.

SECTION 3. Employees of the department are authorized to make investigations and recommendations pertaining to the validity of requests for visits, job opportunities for inmates and to otherwise assist the commissioner in the implementation of the program authorized in this act.

SECTION 4. The commissioner shall endeavor to secure employment for eligible inmates under this act, subject to the following:

(a) The employment must be at a wage at least as high as the prevailing wage for similar work in the area or community where the work is performed and in accordance with the prevailing working conditions in such an area;

(b) The employment shall not result in the displacement of employed workers;

(c) Inmates eligible for work release shall not be employed as strikebreakers or in impairing any existing contracts; and

(d) Exploitation of eligible prisoners, in any form, is prohibited.

SECTION 5. No inmate granted privileges under the provisions of this act shall be deemed to be an agent, employee or involuntary servant of the department while involved in the free community or while going to and from employment, or other specified areas.

SECTION 6. The employer of an inmate involved in work release shall pay the inmate's wages directly to the department. The commissioner may adopt regulations concerning the disbursement of any earnings of the inmates involved in work release. The department is authorized to withhold from an inmate's earnings such cost incident to the inmate's confinement as the department deemed appropriate and reasonable; however, in no event shall the withheld earnings exceed twenty-five percent (25%) of the earnings of the inmate. After all expenses have been deducted, the remainder of the inmate's earnings shall be credited to his account with the department. Upon his release all monies being held by the department shall be paid over to the inmate.

SECTION 7. The commissioner shall prepare an annual report to be filed not later than sixty (60) days following the close of each fiscal year with the Governor, the Lieutenant Governor, members of the Legislature and the Legislative Budget committee showing the operation and administrations and suggestions as deemed advisable. The commissioner will provide public understanding of the provisions of this act as well as promote the cooperation of all state agencies involved in implementing the provisions of this act.

SECTION 8. (1) There is hereby authorized in each county of the state a work release program for county inmates and state inmates in custody fo the county. Such program may be established at the option of the county in accordance with this act.

(2) The department is authorized to contract with the county concerning the costs of maintenance of state inmates participating in the program.

(3) The department may also promulgate rules and regulations concerning state inmates participating in the program the observance of which may be a condition to such participation.

SECTION 9. Any county establishing a work release program pursuant to this act may also establish a work release camp to be used in carrying out the program, wherein inmates participating in the program may be housed in lieu of confinement in the county jail.

SECTION 10. (1) Each county electing to establish a work release program under this act is authorized to adopt regulations and policies for extending the limits of the place of confinement of an inmate as to whom there is reasonable cause to believe will know his trust by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to work at paid employment while continuing as an inmate of the institution or facility in which he shall be confined except during the hours of his employment or seeking employment and traveling thereto and therefrom.

(2) A state inmate approved by the department for participation in a work release program established under this act shall be initially assigned to the county of his choice if such county has established a program under this act and if such program can practically accommodate the inmate in view of the number of participants already in the program and the availability of housing and paid employment opportunities for which the inmate is suited. Subsequent transfer requests must be approved by the department. The department may transfer a state inmate on its own motion upon written statement of good cause given to the inmate. The sentencing judge or district attorney for the county in which an inmate was convicted may protest the participation of the inmate in a work release program in that county.

SECTION 11. Employees of the department and the county are authorized to make investigations and recommendations pertaining to the validity of requests for visits or job opportunities for their respective inmates and to otherwise assist the department or county in the implementation of the program authorized by this act.

SECTION 12. The department and the county shall endeavor to secure employment for eligible inmates under this act, subject to the following conditions:

(a) The employment must be at a wage at least as high as the prevailing wage for similar work in the area or community where the work is performed and in accordance with the prevailing working conditions in such an area;

(b) The employment shall not result in the displacement of employed workers;

(c) Inmates eligible for work release shall not be employed as strikebreakers or in impairing any existing contracts;

(d) Exploitation of eligible prisoners in any form is prohibited.

SECTION 13. The State of Mississippi and any county are hereby authorized to become employers of work release inmates under this act, and as such may employ inmates to perform any state or county job available, including, but not limited to, road or bridge work, garbage collection and school grounds maintenance.

SECTION 14. The employer of an inmate involved in work release shall send the inmate's wages directly to the county or its designated agent. Of each inmate's earnings, twenty-five percent (25%) of his gross wages shall be applied to the costs incident to the inmate's confinement. If the costs of confinement of a state inmate as agreed upon in the maintenance contract exceeds twenty-five percent (25%) of his gross wages, the department shall pay the difference to the county. The remainder of the inmate's wages shall be credited to his account with the county and shall be paid out as the inmate requests to furnish his clothing, medical and dental care, spending money, savings or dependent support.

SECTION 15. County inmates employed under this act shall be eligible for good-time credit in the same manner as other inmates confined or detained in the county jail or other county correctional facility. State inmates so employed shall be eligible for good-time credit in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.

SECTION 16. No inmate granted privileges under this act shall be deemed to be an agent, employee or involuntary servant of the department, state or county while involved in the free community or while going to and from employment or other specified areas.

SECTION 17. The willful failure of an inmate to remain within the extended limits of his confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state correctional institution in the case of a state inmate and an escape from the custody of the sheriff in the case of a county inmate and shall be punishable accordingly.

SECTION 18. This act shall take effect and be in force from and after July 1, 1999.